60 Ind. App. 454 | Ind. Ct. App. | 1915
Appellant brought this suit against appellees to quiet title to and obtain possession of certain real estate in Lake County, Indiana. The complaint was in two paragraphs, the first to quiet title, and the second in ejectment, to which appellees filed answer in three-paragraphs, the first a general denial, the second setting up ten-year statute of limitations, and the third giving a history of appellees’ interests, and how they were acquired. A cross-complaint was also filed by appellees, but no question is raised as to its sufficiency. Demurrers to' the second and third paragraphs of answer were overruled. A reply in general denial to said paragraphs of answer, and to the cross-complaint, formed the issues submitted to the court for trial. Upon proper request, the court made a special finding of facts, and stated conclusions of law thereon.
In substance, it is shown by the special finding of facts that one John Saxe is the common source of title of both appellant and appellees, he having
Upon these facts the court stated the law to be with appellees in this action; that appellant Bliss take nothing by his complaint; that appellee Gallagher is the owner of the lots described in the finding, and upon the cross-complaint of appellee Gallagher his title to the lots involved in this action ishould be quieted as against all claims of appellant, and rendered judgment accordingly.
The controlling questions involved in this appeal may be determined from a consideration of the court’s conclusions of law, to which exceptions were duly saved.
Note. — Reported in 109 N. E. 215. As to who may purchase and enforce tax titles, see 75 Am. St. 229. See, also, under (1) 37 Cye 1378; (2) 37 Cye 1392; (3, 4) 37 Cye 1394; (5) 37 Cye 1520; (6) 39 Cye 1719, 1726; (7) 3 Cye 383.